Roget v. Thurston
New York Supreme Court
This was an action on a policy of insurance, on the cargo of the schooner Venelia, from New York to Port au Prince, French risks excepted. The vessel was captured the 10th July, 1798, by a French privateer, in whose possession she remained until the 14th July, when she was recaptured by a British frigate. She was libelled in the vice-admiralty court of Jamaica, as the property of French subjects.
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This was an action on a policy of insurance, on the cargo of the schooner Venelia, from New York to Port au Prince, French risks excepted. The vessel was captured the 10th July, 1798, by a French privateer, in whose possession she remained until the 14th July, when she was recaptured by a British frigate. She was libelled in the vice-admiralty court of Jamaica, as the property of French subjects. No claim was interposed, e^nd both vessel and cargo were condemned as lawful prize. After the condemnation,' the agent for the plaintiff, on the 2d January, 1799, put in a claim and entered an…
1Opinion of the CourtRadcliff, J.
Three questions have been made in this cause; 1st. Whether the capture by the French, was within the exception of French risks ?
Of this, I think there canche no doubt. If we give any effect to the terms of the exception, they must mean that the insurer is not to be liable for .any loss by the acts of Frenchmen.
2d. Whether by the French seizure the risks insured against were determined,, and the policy discharged ?
By this seizure, an event within the exception of French risks happened, and the casus foederis, upon which the insurer was not to be liable, occurred. The voyage was thereby…
2Cases cited1 opinion
- Earl v. ShawNew York Supreme Court · 1800
3Cited by1 opinion
- Aktiebolaget Malareprovinsernas Bank v. Hanover Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1925